HB424 creates the “Pregnancy and Family Care Act,” a new framework in the Children’s Code focused on pregnant and postpartum patients with substance use disorder and infants with prenatal substance exposure. The bill requires health care providers, with patient consent, to screen pregnant patients for substance use disorder at the first prenatal visit and may allow follow-up screening later in treatment. If screening indicates a possible disorder, an assessment must be done and, if an untreated disorder is diagnosed, a family care plan must be developed. These plans are intended to coordinate services for the patient, infant, caregivers, and family members, including treatment, mental health care, parenting support, child development, education, and related needs.
The bill also directs treatment and discharge-related practices. Pregnant and postpartum patients referred for treatment must be given priority for available services, and providers receiving state or federal funds may not refuse treatment because a patient is pregnant, postpartum, or already on medication for substance use disorder. The bill extends treatment access to incarcerated individuals and people in court-supervised, parole, or probation settings, and limits direct billing for covered services unless insurance denies payment. Hospitals, birthing centers, and other facilities must provide information about family care plans before discharge and report quarterly on how many patients received that information.
A major part of HB424 changes how the state handles substance-exposed infants. The Department of Health must create a notification system separate from the child abuse and neglect reporting system, and providers must notify the department and the birth facility when a substance-exposed infant is born. The notifications must include non-identifying, disaggregated information such as zip code, race or ethnicity, preterm birth status, substances involved, whether a family care plan existed, and whether a child abuse report was also made. The bill also states that a substance use disorder diagnosis or a positive toxicology test, by itself, is not enough to trigger a child abuse report, an investigation, custody removal, or a criminal investigation, though reports remain allowed when other safety concerns are present. Notifications are confidential and exempt from public records disclosure.
HB424 further requires the Department of Health to develop educational and training materials for providers, first responders, law enforcement, and the public, including information on stigma reduction, trauma-informed care, contraception, STI prevention, and harm reduction services. It establishes a statewide perinatal advisory council and county perinatal coordinating councils to study the issue, coordinate services, and make annual recommendations on treatment access, workforce needs, racial and ethnic disparities, and resource allocation. The bill also requires annual reporting to the Legislature and governor and repeals two existing sections of the Children’s Code, indicating a restructuring of current law governing substance-exposed infants and related reporting.
Because there were no committee transcripts or recorded votes provided, the overall sentiment cannot be measured from debate or roll call history. Based on the bill text alone, the measure appears oriented toward treatment, coordination, and reducing punitive responses to substance use during pregnancy, while still preserving child safety reporting when other risk factors exist. The main likely points of contention are the new notification system, the limits on when substance exposure alone can trigger child welfare or criminal action, confidentiality of reports, and the extent to which the bill shifts practice away from mandatory child abuse reporting toward voluntary family care planning and public health intervention.
HB424 would amend the Children’s Code by adding a new statutory scheme for prenatal substance use screening, family care plans, provider notification, advisory councils, and reporting, while repealing two existing Children’s Code sections. It would impose new duties on the Department of Health, hospitals, birthing centers, substance use disorder treatment providers, and other health care providers, and would change how substance-exposed infant births are documented and reported in state systems. It also affects child welfare, public health, corrections, and criminal justice practices by limiting the use of substance exposure alone as a basis for abuse/neglect reports or investigations.
No committee discussion or vote history was provided, so there is no recorded legislative sentiment to summarize from debate or roll call. The bill’s text suggests a generally supportive, treatment-centered approach that emphasizes voluntary services, coordination, and stigma reduction rather than punishment, while still preserving child safety interventions when additional risk factors are present.
The most notable areas of potential contention are the bill’s restriction that substance use or a positive toxicology test alone cannot trigger child abuse or neglect reporting, investigations, custody removal, or criminal investigation, and the creation of a separate confidential notification system outside the existing child abuse reporting process. Opponents may view these provisions as weakening child protection or limiting information sharing, while supporters are likely to argue they reduce stigma, encourage treatment, and distinguish substance exposure from actual abuse or neglect. The bill’s confidentiality provisions, treatment priority rules, and limits on billing and refusal of care may also draw scrutiny from providers, child welfare agencies, and law enforcement stakeholders.